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2022 Supreme(Ker) 127

KAUSER EDAPPAGATH
P. Gopalakrishnan Alias Dileep – Appellant
Versus
State of Kerala Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Thomas T.Varghese, Philip T.Varghese, Sujesh Menon V.B., V.T.Litha, K.R.Monisha, Shruthi Sara Jacob, Nitya R. B.Raman Pillai (Sr.)
For the Respondent: Sri.T.A.Shaji, Director General Of Prosecution, Sri.S.Sreekumar, Sr Adv., Shri.Sajju.S., Senior P.P., Shri.P.Narayanan, Addl.Public Prosecutor, Sri.Aneesh James

ORDER :

This Crl.M.C. has been preferred by the accused No.8 in SC No.118/2018 on the file of the Additional Special Sessions Court (SPE/CBI)–III, Ernakulam (for short, 'the court below') challenging the investigation undertaken and being carried out by the investigating agency under Section 173(8) of the Code of Criminal Procedure (for short, Cr.P.C.) pursuant to Annexure 10 report dated 29/12/2021.

2. The petitioner along with the remaining accused faces trial for the offence punishable under Sections 120(B), 109, 342, 366, 354, 354(B), 357, 376(D), 506(1), 201, 212 r/w 34 of the Indian Penal Code and Sections 66(E) and 67(A) of the Information Technology Act, 2008 (for short, 'the IT Act').

3. The prosecution case in short is that, on the night of 17/2/2017, the victim, a South Indian cine actress, was abducted and sexually assaulted by the accused Nos.1 to 6 in a moving vehicle at Ernakulam while returning from the shooting location pursuant to a conspiracy allegedly schemed by the petitioner, a South Indian Cine actor and producer.

4. The crime was registered on the date of occurrence itself. The investigation was conducted by a special team. The final report was initially filed o

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